Marie was a famous model.Tempo magazine mailed her an offer to do a five-page photo layout for a new line of swimsuits for $35,000.Marie received the offer January 2.On January 3, Marie mailed Tempo the following note: "I accept.But must have twelve pages devoted to me, and accordingly, $50,000." Tempo received this note on January 5.On January 6, Marie called them and told them she would do the modeling under the original terms.

Question

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CMarie's note constituted a counteroffer because she proposed new terms (twelve pages and $50,000), which effectively rejected the original offer. Thus, when she later attempted to accept the original terms, the original offer had already been terminated. However, there is consideration for a contract if Tempo decides to accept her counteroffer or her subsequent acceptance of the original terms, as both parties are offering something of value (modeling services for money). The requirement for a contract to be in writing depends on the jurisdiction and the specifics of the law, such as the statute of frauds, but the scenario provided does not specify that the agreement must be in writing to be enforceable.

Marie Was a Famous Model